The Hawaiian gazette., 1887-06-14

n
erty TO MeGiffin. telling him at the
time the particulars Of the theft, and
that, subsequently on the same even
ING, NcGiffin IN answer 10 an enquiry
by the witness, stated that the amount
was about $1,000 That the theft was
discovered the next morning at about
9:S0. That his father accused wit
ness who at first denied al knowledge,
but afterwards confessed ana said he
would 20 and get the money, that he
tried 70 get the money back from Nc
Gifin but was unsuccessful, and next
saw hlm 81 the Station House. The
witness admitted that his father told
him, If he got the money. be, the
father would not do anything 10 W.T.
ness or MeGifin.
The witness was then examined as
70 a conversation between himself and
McGiffin IN Mr.. Daytons Office. DAY
ton being Deputy Marshal,l no one
else being present. The witness teS-
titled. I told NeGinn If We got the
money and returned il we would both
get clear.
The Attorney-General then asked
the witness What conversation took
places"
Counsel Tor defendant objected 10
the question upon the ground that
the admissions q NcChesney were
not made freely and voluntarily. but
under the influence of threat and
promise. and were. therefore, mad
Missile IS evidence Tor any purpose
and especially inadmissible against
NcGiEin. IS they did not bind him;
I'd. That the conversations and state
ments Of McGifin ID the Police Office
were inadmissible. because Of the IN
ducemeuts offered 70 McGIffin by Nc
Chesnev to get him TO divulge his
secrets. and 81, That they were mere
hearsay
The objection was Oyerruled. and
the defendant duly excepted.
The witness continued. AIcGiftin
said that If We pleaded not guilty we
should both get of, and If I plead
guilty. both would be stuck All you
nave got TO do Is. TO say you did not
take i.
The defendants counsel then ob
jected TO any testimony Is to any and
all alleged conversations occurring
subsequent TO the alleged transfer OF
the money 10 AIcCIitin. because they
are Irrelevant, incompetent, inmate
rial. and not the best evidence.
The objection was Oyerruled. and
the defendant duly excepted.
The witness continued. Had two
conversations with him N Dayt0n's
room. both IN substance the same
After testimony had been given, as
10 the amount stolen. which appeared
10 De $3.50. comprising one Sl0Q and
one S20 certificates Of deposit n
SpreckeIs' Bank; one so and one
SO [. ). greenbacks, and the balance
Hawaiian Treasury certificates q $50
and so, Charles B. Reynolds, agent
for the Board Of Health and Police
Officer. was examined and depOsed.
remember hearing q conversation
IN the Deputy Marshal's Office, be
tween 8IeChesney and AIcGIfin. on
Sunday. 24th October.
Question WHAT did you hear at
this conversation
Objected 10 on the ground Ist, That
II was irrelevant. Incompetent. and
ministerial: ID. That It was mere
hearsay and not an admission by Nc
Gitiu: Sd. That the testimony Of H
]IcClesney shows that he told Nc
Gitiu OF his father promise nOts to
prosecute If the money was returned.
and. therefore, these conversations
We're not free and voluntary. and were
InadmiSsI0Le-
Tas objection was 0yerrUled, and
the defendant duly excepted.
The witness continued The two
defendants were brought into Day
tons room, where Dayton and I were:
1 got into q small closet, and Dayton
was called away by z pre-arranged
plan. ALcChesney told AIcGIfin that
his father and mother felt very bad
about the affair. and the disgrace.
AIcChesney said. l VIII take al the
blame. and let you Of Gs easy a
possible II the money Is returned and
begged 4IcJiffin u tel him where Il
was: 4IcGiftiu' iDyariabIe reply was.
1 am on my trial and they must prove
It Re also said. plead not guilty
and brave Il out and we VIII get Of.
Heard & second conversation. was on
step ladder and ransom- NcCLesney
said # 1[cGifin gave up money. lie
would take al the blame on himself.
and say he planted It. MeGiin said
It Is TOO late, We had better stand trial
and brave Il out. and let them prove
It: McChesney asked AIcGifin If he
had changed any, he said, 10. I then
thought Il referred 70 6 change OF
clothing
Other testimony was introduced
which Is not necessary To set out for
the purposes Of this case
At the close OF the case Tor the
Crown. counsel for the defendant
moved the Court for an order. direct
ing his aquittaI upon the grounds:
Ist That the DrOSecTtiOn mad made